granted to one Hugh Dutton, his steward, and to his heirs, the rule and authority over all the letchers and whores in that county, viz.

"Know all men present and to come, that I, John Lacy, Constable of Chester, have given and granted, and by this, my present charta, have confirmed to Hugh de Dutton, and his heirs, the government of all the letchers and whores of all Cheshire, as freely as I hold that government of the Earl, saving my right to my heirs."

Though the original grant makes no mention of giving rule over fiddlers and minstrels, yet ancient custom has now reduced it only to the minstrelsey; for, probably, the rout, which the constable brought to the rescue of the earl, were debauched persons, drinking with their sweethearts at the fair, the fiddlers that attended them, and such loose persons as he could get.

In the 14th Henry VII. a quo warranto was brought against Lawrence Dutton, of Dutton, Esquire, to shew why he claimed all the minstrels of Cheshire and the City of Chester to appear before him, or his steward, at Chester, yearly, on the Feast of St. John Baptist, and to give him at the said Feast, four flaggons of wine and a lance; and also every minstrel then to pay him fourpencehalfpenny; and why he claimed from every whore in Cheshire and the City of Chester, exercising her

trade, fourpence, to be paid yearly, at the Feast aforesaid. To which he pleaded prescription.

In the statutes of the 14th Eliz. cap. 5, and the 39th Eliz. cap. 4, the first entitled, "An Act for the Punishment of Vagabonds, and for the Relieve of the Poor and Impotent;" and the latter, entitled, "An Act for Punishment of Rogues, Vagabonds, and Sturdy Beggars ;" both now repealed, is inserted the following proviso, viz.

"Provided always, that this Act, or any thing therein contained, or any authority thereby given, shall not in any wise extend to disin herit, prejudice, or hinder, John Dutton, of Dutton, in the County of Chester, Esquire, his heirs, or assigns, for, touching, or concerning, any liberty, pre-eminence, authority, jurisdiction, or inheritance, which the said John Dutton now lawfully useth, or hath, or lawfully may, or ought to use, within the County Palatine of Chester, and the County of the City of Chester, or either of them, by reason of any ancient chartas of any Kings of this land, or by reason of any prescription, usage, or title whatsoever." In the 43d Eliz. cap. 9, which continued the said Act of the 39th Eliz. the above clause was continued only for one year, except the said John Dutton, or his heirs, should procure the Lords

Chief Justices and Lord Chief Baron, or two of them, on hearing his allegations and proofs, to make certificate into the Chancery, to be there enrolled, that the said John Dutton, or his heirs, ought lawfully, (if no statute against rogues and beggars had been made,) by charta, tenure, or prescription, to have such liberty of licensing of minstrels, as he claimed and used.

In the statute of the 1st Jac. I. cap. 25, the same clause was continued, without limitation : so that it is probable such proof had then been made as is above mentioned.

And in the Act of the 13th Geo. II. cap. 5, commonly called the Vagrant Act, a like proviso is inserted in favour of the heirs or assigns of John Dutton, of Dutton, Esq. So that the right has now been established, by Act of Parliament, (ever since the year 1572,) above 200 years.

The heirs of the said Hugh Dutton enjoy the same power and authority over the minstrelsy of Cheshire, even to this day, and keep a court every year upon the Feast of St. John Baptist, at Chester, being the fair day, where all the minstrels of the county and city do attend and play before the Lord of Dutton upon their instruments: he or his deputy then riding through the city, thus attended, to the church of St. John Baptist, many gentlemen of the county accompanying him, and one walking before him in a surcoat of his arms, deD

VOL. II.

picted upon taffeta; and, after divine service is ended, holds his court in the city, where he or his steward renews the old licenses granted to the minstrels, and gives such new ones as he thinks fit, under the hand and seal of himself or his steward, not presuming to exercise that faculty there without it. But now this dominion or privilege is, by a daughter and heir of Thomas Dutton, devolved to the Lord Gerard, of Gerard Bromly, in Staffordshire.

THE GOOD ADVOCATE.

He is one that will not plead that cause wherein his tongue must be confuted by his conscience. It is the praise of the Spanish souldier, that, (whilst all other nations are mercenary, and for money will serve on any side,) he will never fight against his own king: nor will our advocate against the sovereigne truth plainly appearing to his conscience.

1. He not only hears, but examines his client, and pincheth the cause where he fears it is foundered. For many clients in telling their case, rather plead than relate it, so that the advocate bears not the true state of it till opened by the adverse party. Surely the lawyer that fills himself with instructions, will travel longest in the cause without tiring. Others, that are so quick in searching, seldome search to the quick; and

those miraculous apprehensions who understand more than all, before the client hath told half, runne without their errand, and will return without their answer.

2. If the matter be doubtfull, he will onely warrant his own diligence. Yet some keep an assurance-office in their chamber, and will warrant any cause brought unto them, as knowing that if they fail, they lose nothing but what long since was lost, their credit.

3. He makes not a Trojan-siege of a suit, but seeks to bring it to a set battel in a speedy trial. Yet sometimes suits are continued by their difficulty, the potencie and stomach of the parties, without any default of the lawyer. Thus have there depended suits in Gloucestershire, betwixt the heirs of the Lord Berkley and Sir Thomas Talbot, Viscount Lisle, ever since the reigne of King Edward the Fourth, untill now lately they were finally compounded.

4. He is faithfull to the side that first retains him. Not like Demosthenes, who secretly wrote one oration for Phormio, and another in the same matter for Apoliodorus, his adversary.

5. In pleading, he shoots fairly at the head of the cause, and having fastened, no frowns nor favours shall make him let go his hold. Not snatching aside here and there, to no purpose, speaking little in much, as it was said of Anaxi